5.  The applicant was born in 1981 and is serving a prison sentence in Bor in the Nizhniy Novgorod Region.
6.  According to the official version of events, on 30 December 2004 D.M., S., R.M., the applicant and an unknown person broke into Kh.’s house and assaulted her until she showed them where some money was hidden. They tied her up with electric cable, took the money, a hunting knife and a mobile telephone and then left. She reported the robbery to the authorities that day.
7.  According to the official version of events, D.M., Siv., R.M., the applicant and an unknown person planned to commit a robbery. At around 8 p.m. on 22 March 2005 they collected together some ski masks, an air gun, gas sprays, a police uniform and a sawn-off shotgun. S. drove them all to B.’s house. S. stayed in the car with the shotgun while the rest of the group approached the house. R.M. put on the police uniform and knocked on the door. When G. opened it, R.M. threatened him with an air gun, threw him to the floor and entered the house with his accomplices. At around 9.30 p.m. some police officers, who had been informed earlier that a robbery was being planned, arrived at B.’s house. When they entered, R.M. shot one of them with the air gun. The police arrested him and the applicant. D.M. and the unknown person got away. S. was later caught. The applicant was taken to the police station.
8.  According to the applicant, when the policemen showed up at B.’s house, they handcuffed him. He did not resist arrest, but they still assaulted him inside the house. They then took him outside, threw him down on the porch and assaulted him again. They kicked him and struck him with the butt of a gun. Afterwards, he was taken to the police station, where the officers assaulted him again. They questioned him repeatedly through the night and threatened to put him in a cell with dangerous inmates who would assault him knowing that he was a former law enforcement officer. As a result, he confessed to the robbery of 30 December 2004. However, the police officers forged the date on the confession, indicating that he confessed on 20 April 2005.
9.  At 12.30 p.m. on 23 March 2005 investigator S. questioned the applicant, who chose to remain silent in order not to incriminate himself. He was represented by lawyer K. According to him, the police officers questioned him again at 2 p.m. They threatened and insulted him.
10.  At approximately 4 p.m. that day the applicant was examined by a forensic medical expert, Sk., in the presence of a police officer. She prepared report no. 358 on 25 March 2005 noting that, according to the applicant, he suffered from headaches and impaired vision in the right eye and had sustained his injuries in the course of arrest. The expert documented the injuries and concluded that they might have been caused by the impact of blunt objects at the time and in the circumstances indicated by him. She further suggested that the applicant should seek medical advice to exclude the possibility of concussion. According to her report, the applicant sustained the following injuries:
“bruising around the eyes, intense swelling of the left eyelid ... bruising and swelling of soft tissue on the forehead, an abrasion in the centre of the forehead, bruising to the ears, abrasions on the left temple and right cheekbone, a small surface contusion on top of the head, haemorrhaging and a small bruise on the inside of the lips, a bruise on the back and haemorrhaging on the left buttock.”
11.  According to the applicant, on the way back to the police station two police officers assaulted him again. After arriving at the station, several officers made him sign some documents. They struck him on the head and continued threatening him.
12.  On 24 March 2005 the Melekesskiy District Court of the Ulyanovsk Region authorised the applicant’s pre-trial detention. He remained in custody pending investigation and trial.
13.  On the same date investigator S. questioned the applicant at the police station in the presence of lawyer K. The applicant described the events preceding his arrest on 22 March 2005 and admitted his involvement in the robbery. Fearing for his life, he did not tell the investigator about the ill-treatment. According to the applicant, he was forced to admit his involvement in the robbery because he had been threatened and pressured by the police prior to meeting the investigator.
14.  On 29 March 2005 the applicant was transferred from the police station to a remand prison.
15.  According to the official version of events, on 20 April 2005, while detained in the remand prison, the applicant signed a confession admitting his involvement in a robbery which was incorrectly written as having taken place on 29 December 2004.
16.  On an unspecified date the applicant confirmed, when questioned by the investigator in the presence of his lawyer, that he had taken part in the robbery of 30 December 2004.
17.  On 23 June 2005 the applicant was taken to the crime scene, where he gave explanations as to the events of 22 March 2005 in the presence of lawyer Sh. who had been appointed to represent him.
18.  On 12 September 2005 investigator Kuz. questioned the applicant in the presence of lawyer Sh. The applicant confirmed his previous statements of 24 March and 23 June 2005. He also provided information as regards the robbery of 30 December 2004.
19.  On 9 November 2005 the same investigator questioned the applicant again in the presence lawyer Sh. The applicant confirmed his earlier statements.
20.  On 25 May 2006 the District Court fixed a trial start date of 7 June 2006.
21.  On 21 December 2006 the applicant testified in court. He revoked his confession, alleging that the police officers had put mental and physical pressure on him to confess to the robberies. He also testified against his co-defendants. In particular, he stated:
“I was arrested ... at about 10 p.m. Even though I did not resist arrest, [police officers] beat me up during the arrest and right afterwards to make me make the necessary statements for them. They beat me up in the yard of B.’s house, then on the porch and inside the house. When ... inside, B. punched me in the eye. [The police officers] punched and kicked me and struck me with the butt of a gun. They told me to confess to a robbery ... These were M., G. and U. They accompanied the beatings with a threat that if I refused to confess to the robbery, they would charge me with murder. They also asked me to testify against [co-defendants]. ... They beat me up until I agreed to cooperate. Then G. recorded my confession. As a result of [the beatings] I suffered trauma and injuries. My rib was broken. On 23 March 2005 I told forensic expert Sk. about them but she did not mention them in her report.”
22.  On 30 December 2006 the District Court found the applicant guilty of two counts of robbery and sentenced him to eleven years’ imprisonment. The court relied on the applicant’s statements (see paragraphs 9, 13 and 15‑19 above). As regards the robbery of 30 December 2004, the court relied on the statements made by defendant K., Kh. and her husband, forensic medical evidence and other exhibits submitted by the prosecution. Kh. identified the applicant and his co-defendants as the persons who had broken into her house and robbed her. As regards the robbery of 22 March 2005, the court based its findings on the statements and testimony given by the defendants including the applicant, the victims B. and G., police officers, as well as forensic and other evidence. As regards the applicant’s injuries, the court noted:
“The court verified the allegation made by the applicant [and his co-defendants] that they confessed under mental and physical pressure exerted by police officers including U., B., and G. These [police officers] submitted, when questioned in court, that they had not put any pressure on the defendants, nor made [them] confess. The [district] prosecutor’s office did not confirm [the defendants’] allegations either. The court concludes that the injuries sustained by [the applicant and two of his co-defendants] as documented in the forensic reports were inflicted in the course of their lawful arrest. Regard being had to the above, the court concludes that the confessions made by [the applicant and three of his co-defendants] about their involvement in the crimes are admissible and objective, in so far as they were found to be credible as being in accordance with other evidence. The court does not discern any evidence to confirm the defendants’ allegation of an infringement of their right of defence in the course of the pre-trial investigation.”
23.  On 16 April 2007 the Ulyanovsk Regional Court upheld the applicant’s conviction on appeal in substance. As regards the confessions allegedly extracted under coercion, the appellate court noted:
“The argument raised by the defence before the appellate court, that the defendants’ confessions and testimony given in the course of the pre-trial investigation admitting that they had taken part in the crimes and testifying against [each other] were obtained under physical and mental pressure, has been subject to thorough examination by the trial court. It concluded that those allegations were unsubstantiated. Furthermore, the trial court only relied on the defendants’ concurring statements given in the presence of their lawyers, that is, in circumstances excluding the possibility of unlawful methods of investigation.”
24.  According to the parties, on an unspecified date in 2005 the applicant complained to the District Prosecutor’s Office (“the prosecutor’s office”) of ill-treatment during arrest and in police custody. On 13 April 2005 the district prosecutor refused to institute criminal proceedings against the police officers. The applicant did not appeal against that decision.
25.  On 6 March 2006 the applicant lodged another complaint with the prosecutor’s office. The prosecutor dismissed it on the same date, noting:
“The criminal case file contains sufficient evidence that the [applicant is] guilty ... A study of the material in the case file has shown that no evidence was obtained in contravention of [the rules of criminal procedure] that could be found inadmissible. It follows from the material in the case file, including the statements made by [the applicant] in the course of the preliminary investigation, that no pressure was put on him. Physical force was only used against him during the arrest.
The [applicant’s] arguments should be construed ... as an attempt to avoid criminal liability ... ”
26.  On 18 September 2007 the applicant resubmitted his complaint. On 27 September 2007 senior investigator R. refused to institute a criminal investigation against the alleged perpetrators, noting:
“In order to elucidate the circumstances of the case, [the investigator] asked for a copy of the judgment in the [applicant’s] criminal case. According to [that], the [applicant’s allegations of ill-treatment] were subjected to examination by the [trial] court. The court questioned [the police officers implicated by the applicant]. However, his allegations were found unsubstantiated and viewed as an attempt by [him] to avoid criminal liability.
...
[Police officer] K. submitted, when questioned, that ... he had arrived at [the crime scene] after [the applicant] had been arrested. He had visited [him] at the police station, but had not put any physical or psychological pressure on him. He knew that at the time of the arrest, a member of the criminal group had opened fire at the policemen and as a result, one of the perpetrators had escaped. The police had had to use force against all of them, which had been justified in the circumstances of the case.
...
Having examined the above-mentioned material, I conclude that there is nothing ... to suggest that [the police officers] committed a crime against [the applicant].”
27.  It appears that the decision of 27 September 2007 was quashed and the matter was remitted for an additional inquiry. On 9 November 2007 R. again refused to open a criminal investigation into the applicant’s allegations of ill-treatment. He reiterated the reasoning from the decision of 27 September 2007 verbatim. He also relied on the statements made by police officer M. and forensic medical expert Sk., noting:
“[Police officer M.] submitted, when questioned, that he had been part of the arrest team. His task was to cover the officers conducting the arrest ... When he arrived at the crime scene, all the members of the criminal group had been arrested. He had not interacted with them ... he had not put any physical or psychological pressure on them.
Forensic medical expert Sk., who examined [the applicant], submitted, when questioned, that she had documented all the complaints made by [him] in respect of his health. She had also recommended that he consult a traumatology specialist. However, she had received no documents from a traumatologist for forensic expert evaluation and had to proceed without them. If she had noticed [that the applicant had] a broken rib, she would have noted it in the report.”
28.  On 25 August 2008 the regional prosecutor quashed that decision and ordered an additional inquiry into the matter. On the same date the Dimitrovgrad Town Court of the Ulyanovsk Region dismissed an appeal by the applicant against the decision of 9 November 2007, noting that it had been quashed by the Regional Prosecutor’s Office.
29.  On 4 September 2008 R. again refused to institute criminal proceedings against the police officers. He relied on his earlier reasoning of 27 September and 9 November 2007.
30.  On 6 December 2008 he issued another decision refusing to open a criminal investigation into the applicant’s allegations of ill-treatment. He reiterated his earlier reasoning verbatim. As regards the applicant’s allegation that he had been coerced into making a confession on 20 April 2005, the investigator noted:
“[The applicant] indicated in his complaint that on 20 April 2005 Ye., V. and U. had taken him to their office and made him write a confession, threatening to put him in a cell with dangerous inmates.
...
Ye. submitted, when questioned, that, as far as he could recollect, [the applicant] had been detained at their police station and might have made a confession. However, he could not remember who had been present when [he] confessed. Any threat to the effect that [the applicant] would be put in a hostile environment with other inmates would have been impossible. People arrested and inmates were detained [separately] in accordance with the law. No one had put any physical or psychological pressure on him.
[Police officer V.] submitted, when questioned, that he had no recollection of [the applicant].”
31.  On 20 December 2008 R. again refused to institute criminal proceedings against the police officers. The applicant appealed, arguing that the inquiry in response to his complaint was incomplete. In particular, the investigator had not questioned certain witnesses or checked how many times the officers had questioned him while in custody.
32.  On 29 May 2009 the Town Court stopped considering the applicant’s appeal, as on 25 May 2009 the prosecutor’s office had already quashed the decision of 20 December 2008.
33.  On 7 June 2009 R. refused to open a criminal investigation, relying on his earlier findings.
34.  On 11 August 2009 the Town Court upheld the investigator’s decision of 7 June 2009. On 23 September 2009 the Regional Court upheld this most recent decision on appeal.